Section 6604. Organization of advance premium corporations  


Latest version.
  • (a) An advance
      premium  corporation  may  be  organized  and  licensed  in  the  manner
      prescribed in section six thousand six hundred three of this article and
      may do, in addition to the kind of insurance specified in paragraph four
      of  subsection  (a) of section one thousand one hundred thirteen of this
      chapter, any one  or  more  of  the  kinds  of  insurance  specified  in
      paragraphs  five, six, twelve, nineteen and twenty (inland marine only),
      of such subsection, and in conjunction with  insurance  under  the  same
      policy,  the  kinds  of  insurance specified in paragraphs seven, eight,
      nine, thirteen, fourteen and fifteen  (excluding  workers'  compensation
      insurance)  of  such  subsection,  provided  the  whole risk for all the
      perils as specified in  such  paragraphs  is  reinsured  in  an  insurer
      authorized  to  do business in this state or in an accredited reinsurer,
      as defined in subsection (a)  of  section  one  hundred  seven  of  this
      chapter,  insofar  as  specified  in its charter, on compliance with the
      following prerequisites:
        (1) It shall have, in order to be licensed  to  do  business  in  this
      state  as specified in its charter, not less than four hundred bona fide
      applications for insurance of such  kind  or  kinds,  on  real  property
      located  in  this  state,  and  from not less than four hundred separate
      applicants who have paid premiums of not less than ten thousand  dollars
      on  insurance  aggregating  not  less than one million dollars, and each
      member of such corporation shall be subject to a contingent liability in
      an amount at least equal to that provided in section  six  thousand  six
      hundred fourteen of this article.
        (2)  It  shall have a cash organization or initial surplus fund of not
      less than three hundred thousand dollars,  which  may  be  used  in  the
      manner  provided  for in paragraph nine of subsection (a) of section one
      thousand two hundred one of this chapter,  and  shall  maintain  at  all
      times, a surplus of at least two hundred thousand dollars.
        (3)  A  licensed  advance premium corporation may apply for an amended
      license to do any one or more of the kinds  of  insurance  specified  in
      subsection  (a)  of  section  one  thousand one hundred thirteen of this
      chapter, except those specified in paragraphs  one,  two,  eighteen  and
      twenty-three  thereof,  provided it has a surplus to policyholders equal
      in the aggregate to the surplus required on organization by section four
      thousand one hundred seven of this chapter  for  all  of  the  kinds  of
      insurance  for which it is to be licensed, and shall thereafter maintain
      a surplus to  policyholders  equal  to  the  amount  specified  in  such
      section,  and  if licensed to do any of the kinds of insurance set forth
      in subsection (a) of section four thousand  one  hundred  nine  of  this
      chapter  such company shall be subject to the provisions of such section
      and to the provisions of subsection (a) of  section  four  thousand  one
      hundred four of this chapter.
        (b)  (1)  An  advance  premium  corporation  may also be organized and
      licensed in the manner prescribed in section six  thousand  six  hundred
      three  of  this  article  to  do  in this state, as an assuming insurer,
      solely reinsurance business of a kind or kinds specified in its license,
      on compliance with all of the provisions of this chapter  applicable  to
      an  advance  premium  corporation organized and licensed pursuant to the
      provisions of subsection (a) hereof, except as provided in paragraph two
      hereof.
        (2) It shall have  not  less  than  ten  bona  fide  applications  for
      reinsurance  of  such kind or kinds on real property located within this
      state, and from not less than ten separate applying insurers  authorized
      to  do business in this state, providing for the payment of gross annual
      reinsurance premiums of not less than twenty-five thousand  dollars  and
      providing  that  such ceding insurer shall, as a member of such assuming
    
      insurer, be subject to a contingent mutual liability  in  an  amount  at
      least  equal  to  that  provided for in section six thousand six hundred
      fourteen of this article.
        (3)  Such  a  corporation shall, pursuant to such license, do only the
      business of reinsurance as herein provided, but  may  upon  meeting  the
      requirements of paragraph one of subsection (a) of this section and upon
      evidence  satisfactory  to  the superintendent that it is complying with
      paragraph two of subsection (a) of this  section,  relative  to  minimum
      surplus,  be  licensed, pursuant to section one thousand one hundred two
      of this chapter, to do the kind or kinds of insurance business as  above
      designated, both as a direct writer and as a reinsurer.
        (c) The financial and deposit requirements set forth in subsection (a)
      of  this  section  shall  be  reduced by fifty percent for a cooperative
      property/casualty insurance company initially licensed to do business in
      this state prior to July first, nineteen hundred eighty-two.